Eugene Kontorovich has argued that the plural “Arms” in the Second Amendment implies a right to more than one gun per person. I argued that “Arms” had to be plural to match “the right of the People,” plural, and so the plural tells us nothing about number of guns per person. Eugene responds with a […]
Archive | Textualism
Treaties, the Law of Nations, and Foreign Commerce
By Eugene Kontorovich on January 13, 2013 3:50 pm in Commerce Clause, Constitutional Law, International Law, Textualism, Treaties, War and Armed Conflict
I’m delighted to see Rick Pildes will be guest-blogging, and the exchange with Nick on the Treaty Power will be a treat. I would invited them to consider an aspect of the question that has long interested me: What is the relationship between the Offenses Power, the Treaty Power, and the Foreign Commerce power? All […]
When a Horse is More than Just a Horse, and Also Qualifies as a “Vehicle”
UCLA lawprof Steve Bainbridge has an interesting post discussing cases in several states where people have been charged with driving under the influence because they were drunk while riding horses or mules. This despite the fact that DUI statutes are usually limited to people who were driving a “vehicle.” In ordinary language, the word “vehicle” […]
Debating Textualism
The University of Pennsylvania Law Review’s online journal, Pennumbra, has a debate on the future viability of textualism. The debate focuses on Professor Jonathan Siegel’s important recent article, “The Inexorable Radicalization of Textualism,” which contends that textualism necessarily leads to unacceptable results and is therefore doomed to lose the “interpretation wars.” Here’s a summary of […]